Payzrent Terms of Use for Landlords

By using the parcelist.com or payzrent.com (“PayZrent”) websites (the "Service") you are agreeing to be bound by the following terms and conditions ("Terms of Use").

DESCRIPTION OF SERVICE

The Service allows landlords to set up electronic payments for their tenants and allows tenants to make rent and deposit payments electronically through the use of the Service. Landlords will also be able to refund tenants’ deposits using our Service. In the future, the Service will also allow for additional uses.

RENT COLLECTION FOR LANDLORDS

1. Tenant Identity Verification We use multiple pieces of information to verify the identity of our users. The use of users’ social security numbers, emails, and phone numbers will allow us to identify users and to report payment details, in aggregate or individually. In compliance with governing laws, we will be able to use all payment information in aggregate for providing better service.

2. Free Use of PayZrent for Tenants We recommend that you not directly bill tenants for this payment service since it will discourage full participation by all tenants. Tenants should not be billed for our service without our written consent. Our payment gateway service will bill the landlord’s account monthly for the Service provided. In the future, we reserve the right to bill independently from our service provider.

3. Single Business Checking Account. Currently we support only one landlord business checking account per each account with us. We hope to provide you with the ability to link multiple business checking accounts to one login in the near future.

4. Compliance with Forte’s requirements Due to various risks with money transfers there are several requirements for increased amounts per transfer and increased total amounts in aggregate. There will be a 4 day hold requirement that might take up to 8 or more calendar days depending on weekends, holidays and banking policies to post the rent payments. After a 3 month trial period, landlords can select faster services for additional funds. Landlords also agree to all cancellation and set up fees listed in our ACH Provider’s application. Based on the risks for Forte, additional documentation and verification will have to be provided for higher transfer amounts, individually or in aggregate. Failure to provide the required additional documentation may lead to delays in money transfers and/or cancellation of your account.

5. Providing Accurate Information Landlords agree to provide the most accurate information on all documents. Incorrect identifying information or any errors or omissions from data provided to us may lead to incorrect functioning or reporting by our system. Landlords will review all data that is provided by us for accuracy and promptly notify us and work with us to fix any issues resulting from providing us with incorrect data.

6. Late Payment Fees Landlords will have to manually charge late fees. If late fees are charged after the tenant makes his or her payment, then the late fee will be scheduled with the next month’s rent as an outstanding balance. Late fees charged before tenant makes payment will be added to the current payment due.

7. Pricing Although our prices are subject to change we currently charge a $10 gateway fee and a $.50 per transaction fee. There will be additional charges for 0-2 day holds if faster processing is required and will be provided at time of signup. A minimum of 3 months trial is required for 4 day holds before switching to faster processing times.

8. PayZrent Features Prescheduling of rents is best done at the time of lease signing. Managers can access future scheduling data for later rent payments for new lease terms.

Since the pay by tenant feature specifies the rent amount tenants will be able to pay with one click, we recommend that you use the pay by tenant feature, if possible, instead of pay by unit. Otherwise in pay by unit, tenants will have to enter amounts, which can lead to errors and delays in some cases.

9. Auto Signup for Current Tenant At this time, we provide Excel sheets to enter data for current tenants who reside at the premises. We will import that data into our system. Mangers are to review and verify prescheduling data for the imported current tenants provided by us. In the future, we will provide you easier ways for you to enter data into our software.

10. Complete Participation Since the success of this endeavor is enhanced for all parties by full tenant participation, we would request your participation in signing up your tenants with our software. We recommend that you require payment though us in your new leases and renewals.

11. Other Issues Landlords agree to report all software issues promptly to us. We will try our best to rectify the situation and correct any issues reported. Landlords agree only to bill tenants fairly as per the lease agreement and to correct any errors that result with incorrect scheduling or payments.

RENT PAYMENTS FOR TENANT

Paying your rent with Payzrent from the tenant’s checking account (via the ACH network) is free for tenants. Payments by credit/debit card involve a processing fee of 2.75%, which will be added to the amount of the tenant’s payment. We currently charge a small fee to landlords depending on the number of transactions and accounts. We do not charge tenants for the rent payment service. If we ever change our fees or introduce new features that have additional fees, we’ll let you know first via email or the site. Your continued use of the Site will constitute your agreement to any changes in our fees or features. If you don’t want to pay the new fees, you can cancel service anytime. We don’t offer refunds for fees you’ve already paid. Tenants agree to pay rent as per lease contract when using Payzrent. Tenant agrees to notify landlord if the system does not properly bill them or fails to bill them. Tenants agree to be bound by their lease agreement for making timely rent payments. In case of any errors by the landlord or Payzrent, tenant agrees to be bound by the correct lease terms. Tenants agree to release Payzrent from any liability for any errors caused by the payment system or failure in the payment system. It would take a minimum of 4 business days to process the tenant’s rent payment so the tenant must schedule his or her payments 4 business days prior to due date. If payments are not received by landlord before grace period then tenants will be subject to late fees and penalties as per their lease terms. There will be a $4000 upper limit per transaction for rent payments. Payments over this amount might be rejected or charged additional processing fee by the provider with delays of several days to complete transfer There will be a minimum $2.00 fee for bounced payments by the ACH processor. This fee is subject to change any time without notification by the processor. Landlords may charge additional fees and or late fees as per the lease in the event of a bounced payment.

ACH PROVIDER AGREEMENT

PayZrent uses an ACH provider to execute online payment transactions. By using this feature of our Service, you agree to be bound by all agreements deemed necessary by the service provider. These agreements may be updated from time to time. If any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled.

USE OF YOUR PAYMENT INFORMATION

By providing us with your banking, credit/debt card, or other payment information, you authorize us to use it and disclose it to our payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but any use of your information will not identify you personally or disclose any personal information about you. Disclosure of your personal information will only be made when disclosure is necessary to comply with the law, such as the need to comply with subpoenas.

USE OF PERSONAL INFORMATION

We may ask for your Social Security Number, Tax ID number and other personally identifying information (such as information about other creditors you have had), which we will share with our third-party credit reporting agency for the purposes of preparing and sharing reports and verifying your identity, and which we will not use for any other purpose.

IDENTITY VERIFICATION

We use third-party identity verification services to help ensure that users are who they say they are prior to enabling certain features of the Services, such as electronic payments. Once your identity has been verified, we may also display a badge or other indicator to let other users know that you’ve successfully completed the verification process. However, we neither control nor can we guarantee the accuracy of any identity verification service (and none can prevent all scams), so you should always take the same precautions in dealing with others through our site that you would in person.

USER AUTHORIZATION AND LIMITATION OF LIABILITY

We never take custody of the money you transfer using the Service and we are not responsible for what recipients do with the payments you make. For example, we are not responsible or liable for the landlord returning the tenant’s deposit. If a payor or payor’s bank or card issuer initiates a reversal, chargeback, or dispute of a payment made to you, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event we are unable to reverse or otherwise debit funds from your account, you agree to promptly deposit such funds upon our request. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred. We are not a real estate agent or broker. We do not screen any properties or listings or offer any guaranty or advice regarding the suitability of properties, landlords, or potential tenants. Nothing we say should be construed as such advice, and you agree not to rely on us in making any rental or other decisions. We are not responsible for the accuracy of anything another user posts or submits to our site. We are not responsible or liable for the conduct of users on or off the site. Use common sense when doing business with other users.

REQUIREMENTS FOR USE

All users must be 18 years old to use our service. You must be a United States resident. You must be a human. Accounts registered by “bots” or automated methods of access are not permitted. You may not screen-scrape, reproduce, or aggregate the information or other content on our site. You must provide your full legal name, a valid email address, and any other information requested in order to complete the signup process. You are also responsible for keeping your email address up to date, so we can send you important notices.

INTELLECTUAL PROPERTY

Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of any content you post in connection with us providing the Service.

TENANT ACCOUNT RESPONSIBILITIES

A tenant’s account may only be used by one person. A single account shared by more than one person is not permitted. Tenants are responsible for keeping their passwords and accounts secure. Tenants are responsible for the accuracy of everything that is posted or submitted under their accounts.

RESTRICTIONS ON USE OF SERVICE

You may not use the Service for any illegal purpose. You may not, in using the Service, violate any laws in your jurisdiction or ours, or infringe the rights of anyone (ours or third parties). You may not use the Service as part of any fraudulent scheme or transaction. If we have reason to suspect your account has been used for an unauthorized or illegal purpose, you agree that we may share information about you, your account, and any of your transactions with law enforcement.

You may not abuse, harass, threaten, impersonate, or intimidate other users or customers. You also may not post anything on our sites that contains or links to sweepstakes and promotions, viruses, or malware.

If you violate any of the Terms of Use, we may terminate your account without notice.

LANLORD AGREEMENT

If you are a landlord, you agree in particular that you are familiar with all applicable fair-housing and antidiscrimination laws and that you will adhere to them. You also agree that all transactions initiated by you will be accurate and not misleading. Landlords agree to waive late fees and penalties for errors that are not caused by tenants’ fault.

MODIFICATIONS TO SERVICE

We reserve the right to modify or terminate the Service for any reason, without notice, at any time. We reserve the right to alter these Terms of Use at any time. We’ll notify you on the site or via email of important changes, but you should also check back here from time to time if you care about such things. Your continued use of the Service following a change to these Terms of Use constitutes acceptance of the change.

If we change our pricing, we will give you at least 30 days’ notice, via the site or email.

We reserve the right to refuse service to anyone for any reason (or no reason), and likewise to suspend or discontinue your use of the Service at any time for any reason or no reason. In particular, we may terminate or suspend your account if you engage in fraudulent or illegal conduct, provide inaccurate, incomplete, false, or misleading information, or otherwise violate these Terms of Use or any of our policies, or if we determine, in our sole discretion, that your use of the Services poses an unacceptable credit or fraud risk to us.

CANCELATION OF TENANT ACCOUNT

If you wish to cancel your account, you must do so via notifying your landlord. An email or phone request to cancel your account will not be processed.

If you cancel your account, any or all of your information may be immediately (or at some point in the future) irrevocably deleted. You should save a copy of any important account information of which you’d like to keep a record prior to cancelling your account.

Conversely, information you post or otherwise furnish to us, including personal information, may remain on our servers indefinitely (for example, as backups) after you delete it from public areas of the Services or request cancellation of your account.

INDEMNIFICATION

If you are a landlord, you agree to indemnify, defend, and hold harmless us and our affiliates, agents, officers, employees, and vendors (including without limitation our third-party credit reporting agencies and their respective affiliates, agents, officers, and employees) from any claim, suit, action, or loss arising from or relating to your use of the Service or your violation of these Terms of Use (collectively, any “Claim”), including any liability or expense arising from claims, losses, damages, suits, judgments, civil or criminal fines or other penalties, litigation costs, and attorneys’ fees.

DISCLAIMER

THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS WARRANT OR GUARANTEE THE SUITABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES OR THESE TERMS OF USE, INCLUDING ANY CLAIM FOR ANY IMPLIED WARRANTY, IS LIMITED TO THE AMOUNT YOU PAID TO US TO USE THE SERVICES.

RESERVATION OF OUR RIGHTS

If you violate any of these Terms of Use and we don’t immediately take action against you that does not mean we are waiving any of our rights. Any action related to this Agreement or any alleged violations therefore must be initiated in the state or federal courts located in Philadelphia, Pennsylvania, which shall have exclusive jurisdiction over any such claims.

Last revised April 3, 2017.